Federal Judge Rules Discrimination Lawsuit Filed Against St. Cloud Minnesota By Gay Police Officer Will Stand; Sets March 19 Trial Date

Attorneys for St. Cloud, Minnesota and for a former police officer who said he suffered discrimination because of his sexual orientation will meet for a settlement conference next month. A March 19 trial date has been set, in the event a settlement cannot be reached. On Monday, U.S. District Court Judge Donald Frank denied three of the five requests by the city for summary judgments in a lawsuit filed by Sean Lathrop. The St. Cloud Times reports Lathrop filed the suit against the city of St. Cloud and several of the police department’s members. Judge Frank would not issue judgments on Lathrop’s claims of discrimination and retaliation by the department and that he was denied equal protection when he worked for St. Cloud Police Department from September 2006 through April 2010. Frank did grant the city’s request for summary judgments on Lathrop’s claims of conspiracy and that his First Amendment rights had been violated. A summary judgment on all claims would have ended the case in the city’s favour without a trial or settlement. Lathrop’s attorney Ashwin Madia said it was a “well-reasoned decision.” He said the equal protection claims are the most important claims and deserve to go to trial. “This decision was a good decision not just for Officer Lathrop, but for all members of the LGBT community in Minnesota,” Madia said, adding, he will enter the settlement discussions with the city in “good faith.” Attorney Patricia Y. Beety is representing the city and the police department members. She said the city is pleased that the judge granted summary judgment for two of the claims, and added, she is confident that if the case went to trial, the facts would support the city. “We’re very confident that we’ll be able to show that there wasn’t any discrimination,” Beety said. Lathrop’s attorneys have argued that the department learned of Lathrop’s sexual orientation in May 2009 because of a letter to Police Chief Dennis Ballantine from a deputy police chief in the Minneapolis Police Department. The letter asked that Lathrop be allowed to work at a community outreach booth at a Twin Cities gay pride event. The city has denied that Lathrop was discriminated against and that any action taken against him related to his misconduct and performance issues.